Which case confirmed that the householder provision is compatible with human rights?

R (Collins) v Secretary of State for Justice [2016] held the householder provision compatible with the right to life. The court read the section as leaving the jury to decide overall reasonableness.

What conditions must be met before the householder provision applies?

The force must be used in or partly in a building that is a dwelling. The defendant must not be a trespasser and must believe the other person is one.

Does the householder provision apply to a shopkeeper defending a shop?

The provision applies only to a dwelling and to accommodation forming part of one. A shop or business premises falls outside it.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

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Criminal Law: Necessity Defences and Preliminary OffencesCriminal

Topic overview Mistake as a defence Self-defence and the prevention of crime Reasonable force and householder cases Duress by threats and the Graham test Limits on duress: murder, association and evasive action Duress of circumstances Necessity Consent Attempt: the actus reus and more than merely preparatory Attempt: mens rea and impossible attempts

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Human Rights: Restrictions on Convention RightsHuman rights

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Criminal Law: Necessity Defences and Preliminary Offences

Reasonable force and householder cases

3 things to know
Components 2 and 3

Overview

Householder defence and test of reasonableness in a householder case.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What is the householder defence?

Numbers

Which provision creates the householder defence?

Key term

What is the test of reasonableness in a householder case?

Questions from this subtopic

Each one with the model answer underneath.

1
What is the householder defence?
Model answer
The householder defence applies where a person uses force against a trespasser in a dwelling. A higher degree of force may be reasonable in that setting.
2
Which provision creates the householder defence?
Model answer
Section 76(5A) of the Criminal Justice and Immigration Act 2008 creates the householder provision. Section 43 of the Crime and Courts Act 2013 inserted it.
3
What is the test of reasonableness in a householder case?
Model answer
Force that is grossly disproportionate in the circumstances as the defendant believed them can never be reasonable. Force that is merely disproportionate may still be reasonable in a householder case.
4
Which case confirmed that the householder provision is compatible with human rights?
Model answer
R (Collins) v Secretary of State for Justice [2016] held the householder provision compatible with the right to life. The court read the section as leaving the jury to decide overall reasonableness.
5
What conditions must be met before the householder provision applies?
Model answer
The force must be used in or partly in a building that is a dwelling. The defendant must not be a trespasser and must believe the other person is one.
6
Does the householder provision apply to a shopkeeper defending a shop?
Model answer
The provision applies only to a dwelling and to accommodation forming part of one. A shop or business premises falls outside it.

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